Dorrance v. Bonesteel
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mary A. Dorrance, from a judgment of the County Court of Rensselaer county in favor of the defendant, entered in the office of the clerk of the county of Rensselaer on the 15th day of December, 1899, reversing a judgment of a Justice’s Court in favor of the plaintiff, and also from an order entered in said clerk’s office on the 7th day of December, 1899, upon which said judgment was based.
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Appeal by the plaintiff, Mary A. Dorrance, from a judgment of the County Court of Rensselaer county in favor of the defendant, entered in the office of the clerk of the county of Rensselaer on the 15th day of December, 1899, reversing a judgment of a Justice’s Court in favor of the plaintiff, and also from an order entered in said clerk’s office on the 7th day of December, 1899, upon which said judgment was based. The action was brought to recover the sum of thirty-four dollars claimed to be due from the defendant for rental for the months of March and April, 1899, of a flat belonging to…
1Opinion of the Court
Smith, J.:
The judgment of the Justice’s Court rendered in behalf of the plaintiff has been reversed upon the ground that the attempted surrender by the tenant upon February 2, 1899, was made effectual by the acceptance of the landlord. This is the sole question raised by tins appeal.
In 1 McAdam’s Landlord and Tenant (2d ed. § 209) the rule is stated: “ As it takes two persons to make a valid contract, it takes the same number to ■ unmake or rescind one; hence the consent of the lessor is necessary to a valid surrender of the term demised. This consent when properly expressed is, as applied to…
2Cases cited7 opinions
- Thomas v. . NelsonNew York Court of Appeals · 1877
- Schieffelin v. CarpenterNew York Supreme Court · 1836
- Long v. . StaffordNew York Court of Appeals · 1886
- MacKellar v. SiglerNew York Court of Common Pleas · 1874
- Spies v. VossNew York Court of Common Pleas · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Centurian Development Ltd. v. Kenford Co.Appellate Division of the Supreme Court of the State of New York · 1977
- Brown v. HayesWashington Supreme Court · 1916
- Gotlieb v. Taco Bell Corp.District Court, E.D. New York · 1994
- Feust v. CraigAppellate Terms of the Supreme Court of New York · 1907
- In re the Estate of BarnesNew York Surrogate's Court · 1962
4 more not listed; retrieve them via the Exa API.